Although Charter’s evidence showed that in more census blocks, zip codes, and broadband service locations it offers faster speeds than other providers, the evidence did not show that Charter both offers the “fastest speeds” and is available in more neighborhoods.
New York, NY – In a challenge brought by AT&T Services, Inc., BBB National Programs’ National Advertising Division recommended that Charter Communications, Inc. discontinue or modify the claim that “Spectrum offers the fastest speeds in more neighborhoods than any other provider” to avoid conveying the unsupported message that Charter offers the fastest speeds and is available in more “neighborhoods.”
The challenged claim appears in three advertisements for Spectrum home internet service featuring actress and celebrity spokesperson Michelle Monaghan: a 60-second “Dreams Ad,” a 30-second “Switch Ad,” and a 60-second “Switch Ad.”
The National Advertising Division (NAD) determined that consumers may reasonably interpret the claim that “Spectrum offers the fastest speeds in more neighborhoods than any other provider” to mean that Spectrum offers the “fastest speeds” and is available in more neighborhoods than any other provider.
NAD found that although AT&T is not mentioned by name, it is reasonable for consumers to understand that the claim compares Charter to AT&T and other competitors. Therefore, NAD determined the challenged advertising reasonably conveys the implied message that “Spectrum offers faster internet speeds in the markets where Spectrum and AT&T compete.”
Although Charter’s evidence showed that in more census blocks, zip codes, and broadband service locations it offers faster speeds than other providers, the evidence did not show that Charter both offers the “fastest speeds” and is available in more neighborhoods.
For this reason, NAD concluded that Charter’s evidence was not a good fit to support this broad availability message. Further, while Charter’s evidence may support claims tying Spectrum’s fastest speeds to more zip codes or census blocks, NAD cautioned Charter to modify future claims about “neighborhoods” to clearly and conspicuously disclose the basis of the comparison.
Accordingly, NAD:
- Recommended the claim “Spectrum offers the fastest speeds in more neighborhoods than any other provider” be discontinued or modified to avoid conveying the unsupported message that Charter offers the fastest speeds and is available in more “neighborhoods” and
- Cautioned the advertiser that future advertising touting speed availability in more “neighborhoods” should clearly and conspicuously disclose the basis of the comparison.
In its advertiser statement, Charter stated that it “is disappointed with NAD’s decision but will comply with its recommendations” although it “strongly disagrees with NAD’s conclusion.”
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About BBB National Programs: BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
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